Scheers v R [2009] NSWCCA 224

New South Wales Court of Criminal Appeal

CITATION: Scheers v R [2009] NSWCCA 224

HEARING DATE(S): 7 August 2009

JUDGMENT DATE: 11 September 2009

JUDGMENT OF: McClellan CJatCL at 1; Howie J at 20; Hoeben J at 21

DECISION: Grant leave to appeal but dismiss the appeal.

CATCHWORDS: CRIMINAL LAW - appeal - appeal of sentence - whether the sentence is manifestly excessive - whether the sentencing judge erred by finding the applicant had "a well-entrenched pattern of disobedience to the law"

Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Poisons & Therapeutic Goods Act 1966 Crimes Act 1900

CATEGORY: Principal judgment

CASES CITED : Veen v The Queen (No 2) (1987) 164 CLR 465

PARTIES: Robert Vincent Scheers (Applicant) The Crown

FILE NUMBER(S): CCA 2008/3963

COUNSEL: P M Winch (Applicant) M M Cinque (Crown)

SOLICITORS: Legal Aid Commission of NSW (Applicant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2008/3963

LOWER COURT JUDICIAL OFFICER: Sides DCJ

LOWER COURT DATE OF DECISION: 3 September 2008

IN THE COURT OF CRIMINAL APPEAL 2008/3963

McCLELLAN CJ at CL HOWIE J HOEBEN J

FRIDAY 11 SEPTEMBER 2009 SCHEERS, Robert Vincent v R Judgment 1 McCLELLAN CJ at CL: The applicant pleaded guilty to one count of supplying methylamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for the offence is imprisonment for 15 years. He also asked that 8 matters be taken into account on a Form 1. 2 The offence on the indictment related to the supply of 113 grams of methylamphetamine. The Form 1 matters were as follows: (i) three offences of break enter and steal contrary to s 112(1) Crimes Act 1900 (committed on 18 May 2005, 22 February 2006 and 9 March 2006). The maximum penalty for an offence under that section was imprisonment for 14 years;